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Bombay High Court

Rahul Kalusing PawaraversusThe State of Maharashtra

Decided
Disposal
Allowed

Holding

The writ petition is restored subject to the petitioners depositing Rs.7,500 as costs within the stipulated time.

Summary

The petitioners sought restoration of Writ Petition No. 16758 of 2023, which had been dismissed for alleged non‑removal of office objections. They contended that the petition had been properly registered and no objections existed, but argued that the court's earlier directions required compliance. The court examined the record and noted a 293‑day delay in filing the interim application. It concluded that restoration could not be granted merely on a simple basis and conditioned it on the payment of costs. Accordingly, the court ordered the petitioners to deposit Rs.7,500 with the Maharashtra State Legal Services Authority within one week, after which the writ petition would be restored to its original file for admission on 23 September 2026.

Issues considered

  • Whether the writ petition dismissed for non‑removal of office objections can be restored despite a 293‑day delay in filing the interim application
  • Whether the court may condition restoration on the payment of costs

Subjects

  • restoration of writ petition
  • office objections
  • interim application
  • costs
  • procedural delay

Judgment

                                                                   5_IA_13402_2025.DOC



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO.13402 OF 2025
                                 IN
                    WRIT PETITION NO. 16758 OF 2023

Rahul Kalusing Pawara & Ors.                                   ...Applicants

IN THE MATTER BETWEEN:

Rahul Kalusing Pawara & Ors.                                   ...Petitioners
      Versus
The State of Maharashtra                                       ...Respondent

                                       _______

Ms. Aasmi Patil i/by Talekar and Associates, for the Applicants.
Mr. B.V. Samant, Addl. GP a/w Ms. R.A. Salunkhe, AGP for Respondent - State.
                                       _______

                             CORAM:         G. S. KULKARNI &
                                            DR. NEELA GOKHALE, JJ.

                             DATE:          09th SEPTEMBER 2026

P.C.

1.       Present Interim Application filed by the Applicant/Petitioner prays for

restoration of Writ Petition No.16758 of 2023, which came to be dismissed for

non-removal of office objections.

2.       The case of the Applicant is that, in fact, the Petition was registered and

there were no office objections. However, considering the averments made in

Paragraph Nos.5 and 6 of the orders passed by this Court directing removal office

objections, the said order ought to have been complied with. There is also 293 days

delay in filing the present Application.




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Prasad
                                                                                                  5_IA_13402_2025.DOC



                                3.       Having perused the record as also the averments made in the application, in

                                the present facts of the case, restoration cannot be simplicitor granted. It would be

                                required to be granted subject to payment of costs. Let costs of Rs.7,500/- be

                                deposited with the office of the Maharashtra State Legal Services Authority,

                                Mumbai as a condition for restoration of the petition. Let the said deposit be made

                                within a period of one week from today, subject to which the Petition stands

                                restored to its original file and record.

                                4.       Interim Application stands disposed of in the aforesaid terms.

                                5.       List the proceedings for admission 23rd September 2026, subject to the

                                condition of payment of costs as a condition precedent.



                                (DR. NEELA GOKHALE, J)                                    (G. S. KULKARNI, J.)




             Digitally signed
             by PRASAD
PRASAD       RAJENDRASING
RAJENDRASING RAJPUT
RAJPUT       Date:
             2026.09.16
             20:10:58 +0530




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                                Prasad


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